UNITED STATES v. DANIELS

No. 22454.

412 F.2d 317 (1969)

UNITED STATES of America, Plaintiff and Appellee, v. James DANIELS, Jr., Defendant and Appellant.

United States Court of Appeals Ninth Circuit.

Rehearing Denied July 23, 1969.


Attorney(s) appearing for the Case

Andrew P. Smirnoff (argued), San Francisco, Cal., for appellant.

Jerrold Ladar (argued), Asst. U. S. Atty., Cecil F. Poole, U. S. Atty., John Bartko, Asst. U. S. Atty., San Francisco, Cal., for appellee.

Before CHAMBERS, KOELSCH and BROWNING, Circuit Judges.


CHAMBERS, Circuit Judge:

In this narcotics conviction, first we reject a contention that there was entrapment as a matter of law.

One Dukes, himself caught by government agents, was "cooperating" with them in "making a case" against Daniels. As part of the plan to catch Daniels, Dukes conducted in Daniels' home negotiations for the purchase of narcotics. Dukes had on his person, unknown to Daniels, a Fargo electronic transmitter placed there by the agents...

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